DETAILED ACTION
Claim Objections
Claim 10 is objected to because of the following informalities: in line 2 “extend into pack portion” should be “extend in the pack portion”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 7, 11, 12, 17 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foissac et al. (US 7,770,766).
Regarding claim 1, Foissac discloses a backpack 1 comprising: a pack portion 2 adapted to receive and store contents; a belt portion 6 adapted to be worn around a waist of a user; and a frame 5 coupled to the pack portion and the belt portion; wherein the belt portion comprises a main body 20/21 and reinforcing member 10/12 (see col. 4 lines 33-43 disclosing a smooth plastic applied to rear face 12 and a stiffening plate for pocket 10, these parts together defining a reinforcing member) coupled to the main body, wherein the reinforcing member comprises a frame pocket 10 that receives a lower portion 5b of the frame and allows the belt portion to pivot relative to the frame and the pack portion.
Regarding claim 2, the lower portion 5b of the frame has a single radius of curvature (see bottom most portion of 5b defining a single radius as claimed).
Regarding claims 3 and 7, the reinforcing member comprises a first panel (see stiffening plate as in col. 4 lines 33-43) and a second panel (see smooth plastic material as in col. 4 lines 33-43) connected to the first panel, wherein the first panel and the second panel form the frame pocket 10.
Regarding claim 11, Foissac discloses a backpack 1 comprising: a pack portion 2 adapted to receive and store contents; two shoulder straps (col. 3 line 63) connected to the pack portion; a belt portion 6 adapted to be worn around a waist of a user, the belt portion comprising a frame pocket 10; and a frame 5 comprising an upper portion (top of the vertical sections of the frame) and a lower portion 5a/5b, wherein the upper portion is coupled to the pack portion 2 and the lower portion is disposed in the frame pocket 10 of the belt portion such that the frame can transfer weight from the pack portion to the belt portion; wherein the frame pocket can pivot relative to the lower portion of the frame such that the belt portion can pivot relative to the frame and the pack portion (col. 4 lines 51-64).
Regarding claim 12, the belt portion comprises a main body 20/21 and reinforcing member 10/12 (see col. 4 lines 33-43 disclosing a smooth plastic applied to rear face 12 and a stiffening plate for pocket 10, these parts together defining a reinforcing member) coupled to the main body, wherein the reinforcing member comprises a frame pocket 10 that receives a lower portion 5b.
Regarding claim 17, the frame 5 comprises a belt metal rod – col. 4 lines 4-9 – and bent as in Figure 1.
Regarding claim 18, the lower portion 5b has a curvature of a circle, see Figure 2.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4-6, 8, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Foissac in view of Thompson (US 6,634,533).
Regarding claims 4-6 and 13-15, Foissac discloses the invention substantially as claimed, including a first panel formed as only as central section (see stiffening member as in col. 4 lines 33-43) but does not disclose two side section extending laterally from opposite sides of the central section. However, Thompson discloses a hip belt 100 for a backpack 90 wherein the hip belt is provided with a main belt portion 262 and a reinforcing member 261 inside of the main portion, wherein the reinforcing member is formed with two side section each having two legs (see legs 131/132 and 151/152 of the belt which would have the cross section of Figure 4 thereby defining the side sections/legs of the reinforcing layer 261) extending from a middle section (see Figure 2 wherein a central section of reinforcement 261 would be define adjacent lead lines 120/122), wherein the legs are disposed within respective pockets of the main body of the belt portion (see main belt 262 which surround reinforcement 261 to thereby define two pockets on legs 131/132 and 151/152 to the degree presently claimed). Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to form the reinforcing/first panel of Foissac (see stiffener plate col. 4 lines 39-41) with side sections as taught by Thompson in order to provide better support and load distribution of the backpack body load onto the user’s hips. Regarding claim 8, Foissac only discloses a stiffener plate but does not disclose what material used (specifically lacking a polymer as in claim 7). Thompson teaches that reinforcing member 261 may be made from a polymer as claimed – see col. 4 lines 31-39. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to make the stiffener plate of Foissac from a polymer in order to provide a well-known material that is used in the art. Regarding the polymer being molded, the method of forming the device is not germane to the issue of patentability of the device itself, therefore, this limitation has not been given patentable weight.
Claim(s) 9, 10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Foissac in view of Wood et al. (US 4,074,839).
Regarding claims 9, 10, and 16, Foissac discloses the invention substantially as claimed, including wherein the frame 5 has two upwardly extending, laterally spaced side portions (see Figure 1, at and opposite lead line 5) that extend upwardly from opposing ends of the lower portion 5a. Foissac does not disclose an upper portion extending laterally between upper ends of the side portions, the upper portion being disposed in a pocket on the pack portion. Wood et al. discloses a backpack 10 wherein a frame 30 is provided with a bottom end 38, side portions 44/46, and an upper portion 32 extending between the upper ends of the side portions. Furthermore, the side portions and upper portion are held within a pocket 16 of the pack portion 12/14. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide an upper portion on the frame of Foissac and to secure the upper end of the frame within a pocket of the pack portion in order to increase the relative stiffness of the frame (e.g. to support greater loads).
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Foissac in view of Thompson (US 6,634,533) and Wood et al. (US 4,074,839).
Regarding claim 20, Foissac discloses a backpack 1 comprising: a pack portion 2 adapted to receive and store contents; two shoulder straps (col. 3 line 63) connected to the pack portion; a belt portion 6 adapted to be worn around a waist of a user, the belt portion comprising a frame pocket 10; and a frame 5 comprising an upper portion (top of the vertical sections of the frame) and a lower portion 5a/5b, wherein the upper portion is coupled to the pack portion 2 and the lower portion is disposed in the frame pocket 10 of the belt portion such that the frame can transfer weight from the pack portion to the belt portion; wherein the frame pocket can pivot relative to the lower portion of the frame such that the belt portion can pivot relative to the frame and the pack portion (col. 4 lines 51-64). Furthermore, the belt portion6 comprises a main body 20/21 and reinforcing member 10/12 (see col. 4 lines 33-43 disclosing a smooth plastic applied to rear face 12 and a stiffening plate for pocket 10, these parts together defining a reinforcing member) coupled to the main body, wherein the reinforcing member comprises a frame pocket 10 that receives a lower portion 5b, the frame 5 comprises a belt metal rod – col. 4 lines 4-9 – and bent as in Figure 1, and the lower portion 5b has a curvature of a circle, see Figure 2. Foissac does not disclose two side section extending laterally from opposite sides of the central section and also does not disclose an upper portion extending laterally between upper ends of the side portions, the upper portion being disposed in a pocket on the pack portion
Regarding the reinforcing member, Foissac discloses the invention substantially as claimed, including a first panel formed as only as central section (see stiffening member as in col. 4 lines 33-43) but does not disclose two side section extending laterally from opposite sides of the central section. However, Thompson discloses a hip belt 100 for a backpack 90 wherein the hip belt is provided with a main belt portion 262 and a reinforcing member 261 inside of the main portion, wherein the reinforcing member is formed with two side section each having two legs (see legs 131/132 and 151/152 of the belt which would have the cross section of Figure 4 thereby defining the side sections/legs of the reinforcing layer 261) extending from a middle section (see Figure 2 wherein a central section of reinforcement 261 would be define adjacent lead lines 120/122), wherein the legs are disposed within respective pockets of the main body of the belt portion (see main belt 262 which surround reinforcement 261 to thereby define two pockets on legs 131/132 and 151/152 to the degree presently claimed). Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to form the reinforcing/first panel of Foissac (see stiffener plate col. 4 lines 39-41) with side sections as taught by Thompson in order to provide better support and load distribution of the backpack body load onto the user’s hips.
Regarding the frame, Foissac discloses the invention substantially as claimed, including wherein the frame 5 has two upwardly extending, laterally spaced side portions (see Figure 1, at and opposite lead line 5) that extend upwardly from opposing ends of the lower portion 5a. Foissac does not disclose an upper portion extending laterally between upper ends of the side portions, the upper portion being disposed in a pocket on the pack portion. Wood et al. discloses a backpack 10 wherein a frame 30 is provided with a bottom end 38, side portions 44/46, and an upper portion 32 extending between the upper ends of the side portions. Furthermore, the side portions and upper portion are held within a pocket 16 of the pack portion 12/14. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to provide an upper portion on the frame of Foissac and to secure the upper end of the frame within a pocket of the pack portion in order to increase the relative stiffness of the frame (e.g. to support greater loads).
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/COREY N SKURDAL/Primary Examiner, Art Unit 3734